Abstract
The rapid advancement of Artificial Intelligence (AI) has transformed creative industries by enabling machines to generate literary, artistic, musical, and technological works with minimal human intervention. This development has raised complex legal and ethical questions regarding the authorship and ownership of AI-generated content. This study critically examines the concept of authorship in the context of works created by artificial intelligence, focusing on the adequacy of existing intellectual property laws to address emerging challenges. Traditional copyright frameworks are premised on human creativity, originality, and intent, thereby creating uncertainty when AI systems independently produce creative outputs. The research explores whether authorship should be attributed to the programmer, the user, the owner of the AI system, or whether such works should remain in the public domain. It further analyzes international legal approaches, including those of the United States, the United Kingdom, and the European Union, alongside the evolving legal landscape in India. The study also highlights ethical concerns relating to accountability, innovation, and economic rights. It concludes that a balanced and adaptive legal framework is essential to foster technological progress while safeguarding human creativity, ensuring fair attribution, and promoting clarity in intellectual property regimes in the age of artificial intelligence.
INTRODUCTIONA copyright subsist in rights lies with the person who creates “original works of authorship”. It protects the author’s literary, musical, dramatic, artistic, and other qualified creative works.
Although, most of the copyright laws leave the word “creations” open to interpretation, a number of works generated by Artificial intelligence (hereinafter referred as AI) frequently depart from its scope because they failed to meet all of its conditions. Registering work created by autonomous AI is additionally complicated by a number of international and state legislations, as well as Copyright Office requirements. In reality, if a creative work is created completely by AI robots and does not meet the human author criteria, is it copyrightable? As a result, whether it would be right, the works created by AI robots that are not directly accountable to the human creator should go in public domain or kept free from copyright. All these questions have been discussed in this chapter, so that the authorship of AI-generated work could be determined.
This chapter explored numerous prospects and concerns about the ‘author’. It primarily addresses concerns of authorship of AI-generated work in light of the necessity for human authorship as well as the attribution of legal personality to AI. This chapter also discusses potential alternative solutions to grant authorship for AI-generated work in order to reduce the legal issues of authorship.